Opinion
2013-337 Q C
03-04-2013
Lydia Santiago, Respondent, v. Joel Wiener, Appellant, and Department of Housing & Development of the City of New York, Respondent.
, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Queens County, entered January 7, 2013.
On the court's own motion, it is
ORDERED that the appeal is dismissed as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511; Matter of Davy v Davy, 75 AD3d 506 [2010]). The proper procedure is for that party to move to vacate his default and, if necessary, appeal from the order determining the motion to vacate (id.).
ENTER:
Paul Kenny
Chief Clerk